Eh, couldn't you make the argument that the Cookie warnings showed that a government body could meaningfully change the experience of the internet? As small as the warnings are, had anything like it been done before?
Not so much a loophole but the UK Information Commissioner certainly adopted a more relaxed approach to enforcement of the requirements of the cookie law compared to other countries.
And the law required prior informed consent to cookies with opt-out not generally being considered to be valid consent.
Talking from experience from a "new" EU country with solid IT scene: the "cookie law" is not enforced at all. Google would be probably the only one theoretically enforcing it (most of websites do show a message because they use Google Analytics), but it would go against Google's interest, so they are not really enforcing it either.